Historic Tax Credits:
Court Rulings
Friedberg and Moss v. Commissioner
October 3, 2011
U.S. Tax Court ruled petitioners were not entitled to a charitable contribution deduction with respect to the facade easement
Simmons v. Commissioner
June 21, 2011
The U.S. Court of Appeals for the District of Columbia Circuit allows deductions for donating conservation easements on the facades of two Washington, D.C. buildings
McNeil v. Commissioner
May 23, 2011
U.S. Tax Court ruled that proceeds from a taxpayers’ sales of Colorado state conservation easement tax credits were taxable as short-term capital gains
1982 East, LLC, Solomon D. Asser, Tax Matters Partner v. Commissioner
April 12, 2011
U.S. Tax Court ruling regarding façade easement
Tempel v. Commissioner
April 5, 2011
U.S. Tax Court ruling regarding state tax credits as property.
Virginia Historic Tax Credit Fund v. Commissioner of Internal Revenue
March 29, 2011
U.S. Court of Appeals for the Fourth Circuit reverses the decision of the Tax Court
in Virginia Historic Tax Credit Fund 2001 LP, et al., v. IRS
Fourth Circuit Denial of the Petition for a Rehearing
May 27, 2011Opening Brief for the Appellant (IRS)
July 21, 2010
Brief by Appellees Virginia Historic Tax Credit Fund 2001 LP, et al.
July 26, 2010
Amicus Brief of the Commonwealth of Virginia in Support of the Virginia Historic Tax Credit Fund 2001
July 30, 2010
Reply Brief by Appellant Commissioner of Internal Revenue
September 1, 2010Amendments to Petitions
June 12, 2009Exhibit 23-J: Partnership Agreement
December 16, 2001
Historic Boardwalk Hall LLC v. Commissioner
January 3, 2011
U.S. Tax Court ruled that the partnership formed to invest in the historic rehabilitation of the East Hall of the Atlantic City, N.J. convention center was not a sham lacking economic substance and was entitled to claim historic rehabilitation tax credits under tax code Section 47.
Reply Brief for the Appellant (IRS) (January 31, 2012)
Notice of Oral Argument Tentatively Listed for April 20, 2012 (January 27, 2012)
Amicus Brief by Real Estate Roundtable in Support of Appellee (December 21, 2011)
Amicus Brief by National Trust for Historic Preservation in Support of Appellee (December 21, 2011)
Brief by Appellee New Jersey Sports and Exposition Authority (December 15, 2011)
IRS Brief on Appeal to the Third Circuit (October 28, 2011)
IRS Concise Summary of the Case (April 14, 2011)
Opening Brief for the Respondent (August 14, 2009)
Opening Brief for the Petitioner (August 14, 2009)
Novogradac YouTube Video Describing the Boardwalk Hall Decision
Chevron U.S.A. Inc. v. Timm et al: Motion for Summary Judgment of Chevron U.S.A. and Chevron TCI Inc.
October 6, 2010
U.S. Tax Court Memo 2009-295: Virginia Historic Tax Credit Fund 2001 LP, et al., v. IRS
December 22, 2009
U.S. Tax Court ruled that state historic tax credit investors were partners for federal tax purposes, rather than purchasers of state tax credit. Additionally, the transaction between tax credit investors and the partnership were not characterized as disguised sale for federal income tax purposes.
Opening Brief by IRS (June 9, 2009)
Opening Brief by 2001 Virginia Historic Tax Credit Fund (June 8, 2009)
Respondent Reply Brief (July 9, 2009)
Petitioner Reply Brief (July 9, 2009)
Trial Memo for Petitioners (April 2009)
Bruzewicz v. United States
March 25, 2009
The United States District Court for the Northern District of Illinois disallowed a deduction for a donation of a charitable easement of real property because the taxpayers did not obtain a contemporaneous written acknowledgement for the façade easement.
Louisiana Department of Revenue Private Letter Ruling No. 08-023
November 5, 2008
Louisiana Department of Revenue allowed an allocation of tax credits under an agreement between a developer and a company in a manner disproportionate to the partners' equity contributions and ownership percentages because the principal purpose of the allocation method was not to avoid or evade Louisiana income tax.
Whitehouse Hotel Limited Partnership v. Commissioner
October 30, 2008
U.S. Tax Court rejected both the cost and income approaches to valuing a "facade donation" by the owner of a New Orleans hotel, instead using the comparable sales approach to determine the value of the servitude was $1.792 million, and not the $7.445 million claimed by the owner.
Whitehouse Hotel, et al v. CIR
August 10, 2010
The Fifth Circuit Court of Appeals vacated and remanded the US Tax Court ruling in Whitehouse Hotel Limited Partnership v. Commissioner in 2008 that substantially reduced the value of a 1997 charitable contribution deduction for a facade easement.